McCanless v. . Flinchum
Supreme Court of North Carolina
Civil ACTION tried before Gilmer, Judge, at August Term, 1887, of Stokes Superior Court. The complaint alleges that the plaintiff is the owner in fee and entitled to the possession of the land decribed therein, and that the defendants unlawfully withheld the possession from him. The answer denies 'the allegations of the complaint, and asserts that the defendants are “in truth and fact owners in fee simple of said land.”
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Civil ACTION tried before Gilmer, Judge, at August Term, 1887, of Stokes Superior Court. The complaint alleges that the plaintiff is the owner in fee and entitled to the possession of the land decribed therein, and that the defendants unlawfully withheld the possession from him. The answer denies 'the allegations of the complaint, and asserts that the defendants are “in truth and fact owners in fee simple of said land.” The record sets out that “at August Term, 1887, the case came on for hearing before his Honor, Judge GilMER, and a jury upon the following issues; “1st. Is the plaintiff the…
1Opinion of the CourtDavis, J.
The record, proper states that certain issues were submitted to the jury, and that “there being no response from the jury, judgment upon demurrer to the evidence for the defendant, and appeal by plaintiff.”
This, though in conflict with tlie statement of the case on *362appeal, must be taken as true. The statement of the case is no part of the record proper, and when in conflict with it the latter must prevail, because it imports absolute verity. Farmer v. Willard, 75 N. C., 401.
We must take it then, as appears from the record, that there was no verdict upon the issues.
The Code, §957, makes it the…
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